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Me and my partner have split up. The social became involved initially when she told the doctors she had issues with drugs (cocaine) but was not aware they would become involved.
Since then I have called the police twice 1st time when she became erratic and a bit violent mixing antidepressants with alcohol of which she was arrested an discharged... I did not press charges as I wanted her to get help and stated this in my statement.
The 2nd time the police were involved I had called them when she was chucking everything around when my daughter was upstairs shaking. She was not arrested but the social do not want my daughter with her mother unsupervised as a result to this.
The socal called me and stated that my daughter being with me an her Grandad is only a temporary thing because as far as there concerned on paper she still lives with her Mum.
They stated I need to take responsibility as she could end up going into child protection if I don't.
The way he worded this was that he is not telling me what to do but its my responsibility to take action and he spoke with his manager and stated if I apply for a contact order they will support me with application fees
needed to apply to the courts as I am no working.
I am living with my mum and there is a spare room for my daughter.
I have spoke with her mum since, she said she was very drunk and doesn't remember and wants to meet up and talk.
Do I need a solicitor to do this I don't know what the process is or what to expect but I have to do this even though I will be having her most of the time as they go off what it shows on record (living with mum).
If anyone has been in any similar kinds of situations could you please give me some advice or point me in the right direction where I can get further info.. costs involved after application fee covered by social etc
Thanks
Hi there
If you wanted to speak with the mother in a safe neutral environment, your first step would be to contact your local mediation service, they will set up an appointment for you and your ex to meet and talk through the issues, it would also give you an opportunity to arrange some supervised contact for her and your child. If you're receiving benefits you will be entitled to help to cover the cost of this.
Here's a link to the mediation service website
www.nfm.org.uk
If you make an urgent application you don't need to go to mediation first and as Social Services are urging you to take action, due to the risks to your child, this is available to you. You would need to submit form C100 to ask for the child to live with you and form C1a to tell the court about the risks to your child.
Legal aid to pay for a solicitor, to make the application, is no longer available, unless there has been proven domestic violence against you by your ex. However many Dads here have managed to go to court without a solicitor and by the sound of it you will have the support of Social Services.
As you're not working you will be entitled to an exemption from the court fees and this is done with form EX160a.
Solicitors are very expensive and their charges can easily be thousands of pounds. It might be helpful for you to attend a Families Need Fathers meeting in your area, where you'll get extra support. Here's a link to their website, where you'll find details of meetings nationally, hopefully there will be a meeting near to where you live.
www.fnf.org.uk/help-and-support-2/local-branch-meetings
If you need help filling in the forms the Citizens Advice Bureau could help with this too, or depending which court you use, there may be a Personal Support Unit there that you can use, they will also help with forms and can sit with you in court.
If you have any questions please don't hesitate to ask.
Best of luck
Children's Services are correct - you need to take action before they do.
You don't need a solicitor to do this.
You need to get a C100 form and make an urgent application to the court. The form can be downloaded online and it's reasonably easy to complete.
Once this is completed, you need to take this to the court in person and they will try to get you in to see a judge the same day or usually within 48 hours.
Also get a form EX160a for help with court fees.
The court are likely to make a temporary order for your daughter to live with you and then there will be a full set of proceedings where you and the mother attend a few hearings and Children's Services write a report.
Initially, just get the forms done and feel free to ask as much as you like here & people will support you where they can.
Best of luck
Thank You for your replies and useful information.
I think I can skip mediation now before court as I can obtain proof of domestic violence from the social service workers (emotional abuse) as you stated .
Also apparently I can get legal aid for a private children’s case.
If this proves to be the case maybe it will be better to let a solicitor help me?..
Below is a sample letter I found to obtain legal aid I found for this.
This example letter has been designed by the Ministry of Justice to request evidence of an assessment of child abuse or a child protection plan.
Information required is highlighted and instructions are italicised. Please delete any unnecessary text and instructions (including this introduction) before sending.
[Social Worker (insert name of Social Worker if known)]
[Social Services Address] [Your Address]
[Your E-mail (if applicable)]
[Your Contact telephone number]
To whom it may concern [Insert name of Social Worker if known],
[Select one of the following two paragraphs and delete as appropriate]
I would like to request written confirmation that [insert child’s name] has previously been assessed by social services as at risk or being a victim of abuse by [insert perpetrator’s name].
or
I would like to request written confirmation that [insert child’s name] has previously had a child protection plan put in place to protect [him/her] from abuse by [insert perpetrator’s name].
This is needed as evidence of child abuse in order that I can access legal aid for a private children’s case in accordance with the Legal Aid, Sentencing & Punishment of Offenders Act 2012.
I would therefore be grateful if this could be treated as a matter of urgency.
I would be grateful if you could send your written confirmation to [state address where you wish this to be sent].
More information and guidance about the evidential requirements for legal aid in family matters can be found at
www.justice.gov.uk/legal-aid-for-private-family-matters.
This includes a template letter that you can use to reply.
Yours [faithfully/sincerely],
[Add your name here]
Thanks once again
.
Go and see a solicitor that takes legal aid clients, they will be able to advise you if you’re eligible for legal funding and may be able to assist you with this.
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